Freedom of expression
Definitions General Freedom of expression, United Nations Freedom of expression is defined in Article 19 of the Universal Declaration of Human Rights: Overview European Union "Freedom of expression" is secured by the European Convention on Human Rights (ECHR) (formally the "Convention for the Protection of Human Rights and Fundamental Freedoms"). Article 10 of the Convention states: It is incorporated into the Community legal order in two ways: :1. Article F(2) of the Treaty on European Union reads: :2. The European Court of Justice has acknowledged the relevance of the principle of freedom of expression as declared by Article 10 of the Convention and reckoned it among the general principles of Community law. In Case C-260/89 Elliniki v. Radiophonia Tileorassi (1991) ECR 1-2925 it held: All EU Member States are parties to the Convention and, with the exception of the United Kingdom, have established freedom of expression as a principle of constitutional status in the legal systems. The European Court of Human Rights (ECHR) has confirmed that freedom of expression extends not only to ideas and information generally regarded as inoffensive but even to those that might offend, shock or disturb.Handyside v. United Kingdom, 5493/72 (1976). But the principle is never an absolute one. Freedom of expression may be restricted by a State, though the possible restrictions are circumscribed by a very precise set of criteria: to be considered necessary in a democratic society, the measure must meet a real social need and be effective without being disproportionate in the restrictions it imposes. The assessment will require the proportionality test to be applied.Green Paper on the Protection of Minors and Human Dignity in Audiovisual and Information Services, at 12. Internet "The Internet has profound value for freedom of opinion and expression, as it magnifies the voice and multiplies the information within reach of everyone who has access to it. Within a brief period, it has become the central global public forum. As such, an open and secure Internet should be counted among the leading prerequisites for the enjoyment of the freedom of expression today. But it is constantly under threat, a space — not unlike the physical world — in which criminal enterprise, targeted repression and mass data collection also exist. It is thus critical that individuals find ways to secure themselves online, that Governments provide such safety in law and policy and that corporate actors design, develop and market secure-by-default products and services. None of these imperatives is new. Early in the digital age, Governments recognized the essential role played by encryption in securing the global economy, using or encouraging its use to secure Government-issued identity numbers, credit card and banking information, business proprietary documents and investigations into online crime itself."U.N. Encryption Report, at 5. United Nations Article 19 of the International Covenant on Civil and Political Rights provides that: United States Under the First Amendment to the U.S. Constitution includes: * freedom of religion * freedom of speech * freedom of the press * freedom of assembly, and * freedom to petition the government. "Freedom of expression . . . encompasses civil liberties that are often infringed when the causes involved are unpopular. In such cases, one way of protecting individuals exercising rights of free expression is to provide a means for them to do so anonymously. Thus, an individual may choose to participate in an unattributable online discussion that is critical of the government or of an employer, to make an unidentified financial contribution to an organization or a political campaign, to attend a meeting organized by unpopular groups, or to write an unattributed article expressing a politically unpopular point of view.At the Nexus of Cybersecurity and Public Policy: Some Basic Concepts and Issues, at 102. Other international instruments The following international instruments seek to protect freedom of expression * Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights * Article 9 of the African Charter on Human and Peoples' Rights * Article 13 of the American Convention on Human Rights and * Article 10 of the European Convention on Human Rights. References See also * First Amendment * Free speech * Freedom of Speech and Press: Exceptions to the First Amendment Category:Free speech Category:International law Category:Definition